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June 13, 2010

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Strict labor laws protect babies in film industry

THE babies you see in the movies and on TV are total divas.

California law requires it: Infants need a doctor's note and legal permits before they can be stars. They're only allowed on camera for 20 minutes a day. They must be accompanied by both a nurse and studio teacher -- paid for by the producers. The babies also need to be at least 15 days old.

But the filmmakers behind "Babies," a documentary now in theaters, say they didn't have to worry about all that. They cast the film's four international stars while they were still in the womb and filmed them unobtrusively in their natural environments, like "a wildlife film of human babies," says producer Amandine Billot.

Still, the film may have violated California's tough child labor laws, since one of its young stars hails from the Golden State.

The law is clear -- it applies to any film production using children in the state, including documentaries, says Toni Casala, founder of ChildrenInFilm.com.

Presented without narration or dialogue, "Babies" follows four infants from around the world from birth until their first steps. Viewers see Ponijao and her traditional life among the Himba culture in Namibia; Bayarjargal, the son of nomads in Mongolia; Mari, growing up in the heart of Tokyo; and Hattie, a baby girl in San Francisco.

Director Thomas Balmes says he wanted to show the universality of parental love and children's development, despite geographical and cultural differences.

"We needed a common environment in terms of love and affection and time," Balmes says. "The message of the film is as long as you get that, this is what is crucial and what makes babies grow well."

The French director says he shot most of the footage himself, trying to disturb his subjects as little as possible.

Yet if someone complains about "Babies" to the state labor commissioner's office, an investigation could be launched, says staff attorney David Gurley.

Violators could be subject to fines ranging from US$50 to US$5,000, Gurley says, adding the labor commissioner's office could also "preclude a filmmaker from getting a permit to film in California in the future."

James Schamus, CEO of "Babies" distributor Focus Features, expressed confidence that no laws were broken.

Billot and Balmes maintain they did nothing illegal because the babies in their film weren't actually working.

"California's child labor laws only apply to employees, and Hattie was never our employee in that way," Billot says. "In short, we quietly observed and recorded the babies' activities."




 

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